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(Last Updated 10/29/2024)
Washington Food Waste Policy
Washington Date Labeling Regulations
Rating: Negative Policy
Wash. Rev. Code Ann. § 15.130.110; Wash. Rev. Code Ann. § 15.130.300; Wash. Admin. Code § 16-142-130; Wash. Admin. Code § 16-142-120; Wash. Admin. Code 16-144-149
In addition to requiring dates labels consistent with the FDA model Food Code provisions adopted by Washington, Washington requires date labeling for perishable packaged foods. Sale of past date perishable packaged food is prohibited unless separated from foods that are not past the sell-by date, they are still wholesome and not a danger to health, and are clearly labeled indicating that the food is past date. The sale or donation of past date reduced oxygen packaging items and refrigerated, ready-to-eat, time/temperature control for safety food is prohibited.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products.
The U. S. Food and Drug Administration (FDA) publishes a model Food Code, to help states regulate restaurants, food service providers, and food retailers to ensure the safe handling of food. Nearly every state has adopted a version of the FDA Food Code that requires date labeling for molluscan shellfish and foods in reduced oxygen packaging, as well as the marking of certain refrigerated, ready-to-eat, time/temperature control for safety foods to indicate the day by which the food should be consumed or discarded.
Shucked shellfish packages smaller than ½ gallon must be marked with a “sell by" or "best if used by" date, and shucked shellfish packages with capacity of ½ gallon or more must be labeled with the date of shucking.
Food in reduced oxygen packaging generally must be labeled with the earlier of a “use-by" date not more than 30 days from the date of packaging or the original manufacturer’s “sell by” date. In states that have adopted the 2009 FDA Food Code or a prior version, the “use-by" date cannot be not more than 14 days from the date of packaging or the original manufacturer’s “sell by” date. The sale or donation of past date reduced oxygen packaging items is prohibited.
Refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours generally must be marked to indicate the day by which the food should be consumed or discarded.
Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws, for foods other than those mentioned above, leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food. Also, some states explicitly prohibit or limit the donation of past date foods.
Washington Liability Protection Regulations
Rating: Strong Policy
Wash. Rev. Code Ann. § 69.80.031; WA HB 1799 (2022)
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act. In addition, the state protects donations of food that is past-date and regardless of compliance with regulations on the quality or labeling of food.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
Washington TAX INCENTIVES
Rating: No Policy
Washington does not offer additional tax incentives beyond federal incentives.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
Washington FOOD SAFETY
Rating: Strong Policy
Wash. Admin. Code § 246-215-09415; Eggs in the Shell Donations Guide; Exotic Donations Guide; Fresh Fish Donations Guide; Livestock Donations Guide; Poultry Donations Guide; Wild Game Donations Guide; Charity Food Donations; School Food Donation Guidelines; Washington School Food Share Program Toolkit; Focus on Food Donation
Wash. Admin. Code § 246-215-09415 provides a comprehensive list of what foods that be donated, including labeling and facility handling requirements. Additionally, Washington offers extensive donation guidance, which detail storage, labeling, and packaging requirements for specific products. The state also provides guidance on school share tables and school food donation, and the Washington State Department of Ecology wrote further guidance on food donation safety.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
Washington Animal Feed Regulations
Rating: Moderate Policy
Wash Rev. Code Ann. § 16.36.005, 16.36.105–.113; Wash. Admin. Code § 246-203-180
Any animal material or refuse which has associated with animal material must be sterilized prior to feeding swine. Annual animal-derived treated waste feeding permits must be obtained, but exceptions apply for individuals feeding household waste to animals raised for personal use. There are no restrictions on feeding waste exclusively vegetable in nature.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
Washington Organic Waste Recycling Laws
Rating: Moderate Policy
Wash. Rev. Code § 70A.205.545; RCWA 70A.205.540; Wash. Rev. Code § 43.19A.150
Beginning in 2024, businesses that produce at least eight cubic yards of organic waste per week must arrange for on-site composting or organics collection. In 2025, the waste threshold decreases to include any business that produces over four cubic yards of organic waste per week. Businesses are encouraged to donate edible food as a compliance measure. In 2026, this waste threshold decreases to include any business that produces over 96 gallons of organic waste per week unless the Department of Ecology issues rules requiring a different threshold.
By 2023, municipalities with more than 25,000 residents must adopt a compost procurement ordinance, and by April 1, 2027, these municipalities must provide curbside composting to single-family homes and some businesses in densely populated urban areas.
Seattle Municipal Ordinance
Rating: Strong Policy
SEATTLE MUN. CODE 21.36.082-083
All single-family and multifamily residences and commercial businesses must separate food waste and subscribe to compost collection services. Property owners must provide organics bins and collection services to their tenants. Waivers apply if there is inadequate storage space in the residence or commercial structure for recyclable materials.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.